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(영문) 서울동부지방법원 2020.12.23 2020가합107825
수입육 인도 청구의 소
Text

The defendant shall deliver each item listed in the attached list to the plaintiff.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Basic facts

A. On May 2019, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into a collective investment business entity and the Plaintiff’s D Trust Contract (hereinafter “instant investment trust agreement”) as a trust business entity.

B. On May 27, 2019, the Plaintiff entered into a bond acquisition contract (hereinafter “instant bond acquisition contract”) with E Co., Ltd. (hereinafter “E”) under the title “Co., Ltd.’s first collateral acquisition contract” as the trust business entity of the instant investment trust contract. On the same day, the Plaintiff paid KRW 6 billion to the F Bank account of E, and acquired corporate bonds (hereinafter “instant bonds”) with the face value of KRW 6 billion issued by E.

C. C, in the position of the collective investment business entity of the instant investment trust agreement, as of the same day, as in the status of the collective investment business entity of the instant investment trust agreement, designated B as a mortgagee, E, and the borrower and lender, and as collateral, E would use the proceeds of issuing the instant bonds to use the proceeds of issuing the instant bonds, and entered into a contract for establishing a comprehensive transfer security (hereinafter “the first transfer security agreement”) which includes a list of attached Table 1 attached to the blank, to subsequently supplement the proceeds

E/F bank and the Plaintiff entered into a monetary claim trust contract (hereinafter “instant monetary claim trust contract”) with the trustor and beneficiary No. 2, the Plaintiff as the first beneficiary, and the F Bank as the trustee on the same day. The main contents are as follows:

§ 1 (Purpose of Trust) The purpose of this Trust is to trust the F Bank with monetary claims of E, and to collect, manage and dispose of the F Bank.

Article 2 (Trust Original and Profit-making) (1) This trust shall include the bonds specified in the List of Trust Property in the attached Table 1, as the trust principal, and the profits accrued from the operation, etc. of the trust principal.

(4) In this trust, trust property shall be managed and disposed of according to the purpose of the trust.

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